5 People Whose Disability Claims Will Probably Be Denied

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The Social Security Administration provides benefits to people who cannot work for 12 months or longer because of illness or injury. It seems pretty simple, and many workers assume that they will have no problem getting approved for benefits. In reality, Social Security Disability (SSD) claims are some of the most complicated, and many get denied. To give you a better idea of your chances, here are the 5 people who will probably be denied SSD benefits.

The one who won't quit

It may seem like a no-brainer that you shouldn't be working when you apply for SSD benefits, but there are still people who try to work during the application process. This person usually falls into one of three categories:

  • too proud to quit his job 
  • too poor to go without pay while he waits for his claim 
  • too attached to his job to leave 

‚ÄčThe Social Security Administration has set a limit on how much a person can make per month and still qualify for SSD benefits, and that amount is $1,070. However, this is not a hard rule--some people making less may still be denied, while some making more may be accepted. To avoid denial, it's best to quit completely. 

The one who thinks lawyers are too expensive

This person will try to file his claim himself because he doesn't want to pay a lawyer. Because SSD claims are so complicated, he'll probably get denied and be completely lost as to what he should do next. What this person doesn't know is that disability lawyers aren't paid up front.

How are disability lawyers paid?

If a lawyer wins a disability case, he is paid from any past-due benefits awarded to his client (limited to 25% or $6,000, whichever is less). If a lawyer loses a disability case, he is not paid. The only fees a client would have to pay his disability lawyer are for out-of-pocket expenses incurred while researching the case. This isn't likely to be more than a couple hundred dollars. Word to the wise: if you want to win your disability case, hire a lawyer.

The one who misses deadlines.

This person is probably also a #2 because he filed his own claim, was denied, and then missed the deadline for an appeal. Once a disability claim is denied, the claimant has 60 days (plus an additional 5 for mailing time) to request an appeal. Missing an appeal deadline is like admitting defeat. He can file a new claim, but it will likely be denied again.

Filing an appeal increases a claimant's chances of eventually being awarded benefits. So, if you want to avoid being a #3, hire a lawyer (he will ensure deadlines are met) or make sure you meet your appeal deadlines.

The one who can't follow doctor's orders.

One of the main things the Social Security Administration will look at when considering a claim is whether or not the illness or injury can be improved enough (through treatment) to allow the claimant to work. A person who isn't very good at following doctor's orders will likely have his claim denied. Whether he avoids treatment because he doesn't want to go back to work, or for another reason, it will still look bad on his application.

To ensure that a claim has the best chance of approval, always follow your doctor's treatment recommendations and take all prescribed medications.

The one without sufficient documentation.

This person simply hasn't provided enough evidence to prove disability. Perhaps he never went to a doctor, or maybe his doctor didn't leave a detailed description in his medical records. His claim will likely be denied.

To avoid being a #5, go to the doctor as often as needed. Don't miss follow-up appointments. Let your doctor know that you will be applying for SSD benefits and request that he leave detailed information about your symptoms in your medical records.

If you're hoping to have your SSD claim approved, you need to avoid becoming one of these 5 people. As you go through the claims process, continually ask yourself if you are making one of the common mistakes these people make. If the answer is yes, click for more info and make the necessary changes. If you truly are disabled, and if you handle your claim well, you will likely be receiving benefits in just a few short weeks.

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19 September 2014

Consulting with an Accident and Personal Injury Lawyer

Ten years ago, I was injured in a car wreck while commuting to work. When a driver rear-ended my car, I hurt my back. Unfortunately, I had to undergo a couple of weeks of physical therapy. Even after receiving physical therapy, my back never felt as good as it did prior to the wreck. Have you been injured in a car wreck recently? Consider talking with an experienced accident and personal injury lawyer. This type of attorney can help you decide whether filing a lawsuit is your best course of action to take. On this blog, I hope you will discover the benefits of speaking with an accident and personal injury attorney soon after getting injured in a car wreck. Enjoy!